Financial Management and Accountability Act 1997 Determination 2008/52 – Section 32 (Transfer of Functions from the former DITR to BOM)

Overview

The FMA Act Determination 2008/52 was enacted in 2008 to facilitate the transfer of appropriations between government departments in line with administrative restructuring. The Financial Management and Accountability Act 1997 (FMA Act) provides the framework within which this transfer can occur, specifically through the delegation of powers to the Minister for Finance and Deregulation. The determination reflects the administrative arrangements order made by the Governor-General in Council on 3 December 2007, which resulted in the abolition and establishment of various Departments of State. This legislative instrument aims to amend the Schedules of annual Appropriation Acts to reflect the transfer of appropriations from the former Department of Industry, Tourism and Resources (DITR) to the Bureau of Meteorology (BOM), thereby ensuring that funding allocations are correctly aligned with departmental changes. This measure ensures that financial accountability and transparency are maintained in accordance with the legislative requirements.

Scope and Application

The FMA Act Determination 2008/52 pertains to the transfer of functions and associated appropriations from the former Department of Industry, Tourism and Resources (DITR) to the Bureau of Meteorology (BOM) under the Financial Management and Accountability Act 1997. This determination facilitates the amendment of Schedules to annual Appropriation Acts to reflect the reallocation of appropriations resulting from changes in departmental arrangements, as mandated by the administrative arrangements order of 3 December 2007. Specifically, it transfers $1,226,594.75 from the annual Appropriation Act (No. 1) 2004-2005 from the former DITR to the BOM. The authority to make such determinations has been delegated to the Secretary of the Department of Finance and Deregulation by the Minister for Finance and Deregulation, and it operates in accordance with the Legislative Instruments Act 2003, ensuring consultation with the relevant entities before the instrument's preparation. This legislative instrument applies to the Commonwealth level, affecting the financial management framework within the federal government structure.

Key Provisions

The FMA Act Determination 2008/52 (sections 32 and 62) facilitates the transfer of appropriations between departments as a result of administrative changes. Specifically, this determination transfers appropriations from the former Department of Industry, Tourism and Resources (DITR) to the Bureau of Meteorology (BOM) to reflect recent departmental restructuring. The transfer of funds is set out in the determination, with a specific amount of $1,226,594.75 being moved from the annual Appropriation Act (No. 1) 2004-2005. This amendment ensures that the financial arrangements align with the new departmental structure following the administrative arrangements order of 3 December 2007. The obligations under this determination are primarily administrative and procedural. The Secretary of the Department of Finance and Deregulation, who has been delegated the authority to make such amendments, must ensure that the appropriation transfers are accurately reflected in the Schedules of the relevant Appropriation Acts. Additionally, the former DITR and BOM were consulted in the preparation of this instrument, as required by the Legislative Instruments Act 2003, to ensure transparency and proper stakeholder engagement in the amendment process. Breaches of the requirements outlined in this determination could lead to administrative or financial discrepancies within the affected departments. However, the determination itself does not explicitly outline specific offences, penalties, or consequences for non-compliance. The primary focus is on ensuring that the legislative changes are accurately implemented to reflect the new departmental structure. The legal framework, including the FMA Act and the Legislative Instruments Act, provides the broader context for the administration and enforcement of such amendments.